The Housing Benefit (General and Supply of Information) (Amendment) Regulations (Northern Ireland) 1996

Insertion of regulation 62A into the principal Regulations

3.  After regulation 62 of the principal Regulations (housing benefit tapers) there shall be inserted the following regulation—

Extended payments

62A.  (1)  Subject to paragraph (2), in a case where—

(a)a person was entitled to housing benefit and the benefit period comes to an end either—

(i)in accordance with regulation 67(a) (date on which benefit period is to end)(1), or

(ii)in a case where the conditions specified in paragraph (3) are satisfied, in accordance with regulation 67(c) on the ground that the claimant has vacated the dwelling which he occupied as his home;

(b)that person claims benefit under this regulation and the claim is in writing—

(i)on a properly completed form approved for the purpose by the appropriate authority, and

(ii)signed by him, and

(c)the additional conditions specified in Part I of Schedule 5A (extended payments of housing benefit)(2) are satisfied in his case,

then that person’s housing benefit shall be determined in accordance with Part II of that Schedule and any award so determined shall be referred to in these Regulations as an “extended payment”.

(2) For the purposes of any payment pursuant to this regulation—

(a)except in a case to which paragraph 8(b) of Schedule 5A applies, the maximum housing benefit of any person mentioned in paragraph (1) shall be that which was applicable to the award of housing benefit to him referred to in paragraph (1)(a);

(b)the maximum housing benefit of a person to whom paragraph 8(b) of Schedule 5A applies shall be determined in accordance with paragraph 9 of that Schedule, and

(c)any person who meets the requirements of paragraph (1) shall be treated as possessing no income and no capital.

(3) The conditions specified in this paragraph are that the claimant vacated the dwelling and that the day on which he did so was either in the week in which he or his partner took up employment as an employed or self-employed earner or in the preceding week.

(4) Regulations 71, 72 and 73 (claims, evidence and information) shall not apply to a claim pursuant to this regulation and, subject to regulation 69(9)(3), Part IX (calculation of weekly amounts and changes of circumstances) shall not apply to any payment under it.

(5) In a case where a payment has been made under this regulation—

(a)the beneficiary shall be treated, for the purposes of these Regulations and of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996(4), as though he were entitled to and in receipt of housing benefit during the 4 weeks immediately following the end of the relevant benefit period, and

(b)any claim for housing benefit made within that 4 week period or the 4 weeks thereafter shall be deemed to be within the period of 4 weeks specified in regulation 72(13) (time and manner in which claims are to be made)..

(1)

Paragraphs (a) to (c) were substituted by regulation 9 of S.R. 1990 No. 136 and paragraph (a) was amended by regulation 8 of S.R. 1995 No. 89

(2)

Schedule 5A is inserted by regulation 6 of these Regulations

(3)

Paragraph (9) of regulation 69 is inserted by regulation 4 of these Regulations

(4)

S.R. 1996 No. 111